Restraint and Seclusion Laws in Alaska
What are the restraint and seclusion rules in Alaska?
Alaska regulates the use of restraint and seclusion in schools through 4 AAC 52.230, which establishes conditions for permissible physical restraint and seclusion and prohibits many forms of these practices. Restraint may only be used when a student presents an imminent risk of serious injury to themselves or others, and only for as long as the immediate danger exists (4 AAC 52.230(a)). Mechanical restraint (use of devices to restrict movement) and prone restraint (face-down holds) are generally prohibited. Seclusion (involuntary confinement in a space the student cannot freely leave) is similarly restricted to emergency situations and prohibited as a punitive measure or as a substitute for educational programming. Districts must notify parents when restraint or seclusion has been used on their child (4 AAC 52.230(g)). A written report documenting the incident, including the behavior that prompted the use, the specific technique used, the duration, and staff involved, must be completed (4 AAC 52.230(e)). Districts that use restraint or seclusion must develop a plan consistent with the student's IEP to prevent recurrence and, when two incidents occur, convene the IEP team. DEED monitors restraint and seclusion data and can require corrective action.
What Alaska Requires
Restraint may only be used when a student poses an imminent risk of serious injury to themselves or others, and only for as long as the emergency exists (4 AAC 52.230(a)).
Mechanical restraint and prone (face-down) restraint are generally prohibited in Alaska schools (4 AAC 52.230(b)).
Seclusion is restricted to genuine emergencies and is prohibited as punishment or as a substitute for educational services (4 AAC 52.230(c)).
A written incident report must be completed following every use of restraint or seclusion, documenting the behavior, technique, duration, and staff involved (4 AAC 52.230(e)).
Parents must be notified on the day restraint or seclusion is used and provided with the incident report (4 AAC 52.230(g)).
Repeated use of restraint or seclusion requires the IEP team to review or develop a Behavioral Intervention Plan to prevent further incidents (4 AAC 52.230(h)).
Key Timelines
Parent notification must occur on the day of each restraint or seclusion incident (4 AAC 52.230(g)).
Written incident report must be completed promptly following each incident (4 AAC 52.230(e)).
After repeated incidents, the IEP team must be convened to review the BIP; no specific day count is stated but prompt action is implied (4 AAC 52.230(h)).